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really feel like Alito & Thomas shoulda recused on this one
The final SCOTUS decision today is Snyder v. US. Kavanaugh has the court's 6-3 decision on ideological grounds, holding that the Section 666 bribery statute does not apply to "gratuities" given for public officials' *past* acts. Jackson writes the liberals' dissent.
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They use the word "commonplace gratuities" in the opinion and I'm so baffled. It's not commonplace at all to give a gratuity to a GOVERNMENT OFFICIAL who used THE POWER OF THE GOVERNMENT to enrich you. Or at least, it wasn't until now.
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like "commonplace gratuity" here means "literally walking into the dealership you got a cool million and saying 'I need money' and then they give it to you." The fuck!
I think it’s important for everyone interested in this case to read how the payment came to be
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"As long as you don't ask them for money BEFORE and just shake them down AFTER it's all good"
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So let's talk about the text of the statute and this situation. I'm gonna take the irrelevant parts out & break this statutory text up into parts so you can see each of the elements of the offense.
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* Whoever ... being an agent of a ... local ... government ... * corruptly demands ... anything of value * intending to be influenced or rewarded in connection with any business ... of such ... government * involving any thing of value of $5000 or more shall be [punished]
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So let's look at the items here. * agent of government: check * corruptly demands $15K : check * thing > $5000 or more : check
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Wait, so the logic is "its not a bribe if they do the thing you're bribing them to do before you pay them"? WOW.
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Would like to discuss with *my* employer paying me in advance for my work, because currently my paycheck comes about a week after the pay period ends--
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The gratuity will now be as expected in government as it is at a restaurant.
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I would love to have $13,000 for doing nothing (which is what they're saying happened) just handed to me by walking into a dealership and asking for it
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I'm sure the Supes assume that everyone outside them in government is paid below minimum wage so they need to work for tips
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The commonplace word for this is 'kickbacks' in fact
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I used to work for a government contractor. Accepting a cuppf coffee was problematic. Not talking Starbucks, but the coffee maker in a customer's office. But hey, if someone is making the laws, then bring on the gifts!
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....whaaaaat? When the government comes to audit the company I work for, we can't even comp their parking because ethics!
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The term "commonplace gratuities" implies the existence of "extraordinary gratuities", and I would like to hear more about those, perhaps with a list of names and amounts.
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Yes, we're just "tipping" the elected politician who made us millions of dollars. No different than when you tear a fifty in half and tell the waiter he can earn the other half by being really obsequious.
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Or, at least, it’s how the court would like to function in the future
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Even if it is I'd like to cite the case of Popular v. Right please.
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Maybe they mean back when the government officials were waiters in college.
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Look, I'm not going to bribe you, okay? That would be illegal. If, however, you *just so happen* to do the thing my lobby is asking for, then, after the fact, I will be very grateful and will send you a gratuity. Which is perfectly legal and in no way a bribe.
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Oh god “It’s not a Bribe unless it comes from Pre-deal Land. Otherwise it’s just a Sparkling Kickback and nobody cares”
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And it still would have been 4-3 bribes are good
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I'm surprised Thomas didn't write the decision.
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A lot of heavy lifting for Kavanaugh. They were just helping out because they didn't want him to hurt himself.
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Is the "Kavanaugh" here Justice Brett???
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And I can assume that in a 6-3 decision, Justice Brett voted on a case in which he was a named party?? I know VERY little about this case. If I learn more about it will I be ok with his lack of recusal?
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The most consistent thing about radical, conservative wing of the Court is that, no matter how bad their rulings appear at first glance, they closer you look the worse you get. If Dems manage to get the WH and both sides of Congress, I hope this becomes a rallying cry for packing the Court.